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Distributed  by  J.  L.  L Secretary  of  State. 


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Hcuse  Bill  No.  187. 


AN  ACT  creating  a department  of  highways  and  relating  to  roads  and  highways, 
repealing  chapter  105,  of  the  Session  Laws  of  1910-11,  and  section  7581,  of  the 


Revised  Laws  of  Oklahoma,  1910.  •> 


Be  It  Enacted  By  the  People  of  the  State  of  Oklahoma: 

Department  of  Highways. 

Section  1.  Article  1.  The  Department  of  Highways  is 
hereby  created  and  shall  be  located  at  the  state  capitol  and 
properly  furnished  and  provided  for  by  the  State  Board  of 
ublic  Affairs. 

Commissioner  of  Highways. 

Section  2.  The  Department  of  Highways  shall  be  in 
charge  of  one  commissioner,  to  be  known  as  the  Commis- 
sioner of  Highways.  Said  Commissioner  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
State  Senate,  and  shall  serve  during  the  pleasure  of  the 
Governor.  Said  Commissioner  shall  be  a practical  road 
builder  and  of  recognized  executive  ability,  and  shall  take 
and  subscribe  to  the  oath  of  office  prescribed  by  law.  He 
shall  procure  a seal  of  office  and  shall  have  power  to  ad- 
minister oath  to  any  person  when  necessary  in  the  dis- 
charge of  his  duty. 

Duties  of  Commissioner. 

Section  3.  The  duties  of  the  Commissioner  of  High- 
ways shall  be : 

First.  To  have  the  supervision  of  all  matters  relating 
to  state  roads  and  highways ; to  prepare  standard  plans  and 
specifications  for  the  construction  of  roads  and  bridges  and 
furnish  same  without  cost  to  any  road  official  in  the  state; 
to  inspect  and  report  upon  any  plans  or  specifications  for 
highway  construction  if  requested  to  do  so  by  any  road  of- 
ficial; to  collect  information  and  compile  statistics  relative 


to  the  mileage,  character,  conditions,  and  cost  of  construc- 
tion and  maintenance  of  the  highways  of  the  state;  to  in- 
vestigate and  determine  the  methods  of  road  construction 
best  adapted  to  the  various  sections  of  the  state ; and  to  es- 
tablish standards  for  the  construction  and  maintenance  of 
highways  and  bridges  in  the  various  counties  giving  due 
regard  to  the  topography,  natural  conditions,  character  and 
availability  of  good  road  building  material.  The  commis- 
sioner may  at  all  reasonable  times,  be  consulted  by  county 
or  township  officers  having  authority  over  highways  and 
bridges,  relative  to  any  question  involving  such  highways 
and  bridges ; and  the  commissioner  may  in  like  manner  call 
on  such  county  or  township  officials  for  any  information  or 
assistance  they  may  render  in  the  performance  of  their  du- 
age,  sanitation  and  other  public  improvements  as  may  be  re- 
quested. 

Second.  To  furnish  such  engineering  service  in  drain- 
age, sanitation  and  other  public  improvements  as  may  be  re- 
quired by  any  department  of  the  state,  including  the  pass- 
ing upon  prospects  and  plans  for  municipal  water  sup- 
plies when  requested  by  any  municipality;  provided,  the 
actual  and  necessary  expenses  of  any  such  examination  or 
the  expense  connected  with  any  work  away  from  the  seat  of 
government  shall  be  borne  and  paid  by  the  municipality, 
county,  township,  or  persons  making  the  request  and  re- 
ceiving the  benefits  of  the  investigation. 

Third.  To  furnish  engineering  advice  and  report  upon 
such  matters  as,  in  the  judgment  of  the  commissioner,  shall 
be  of  value  to  the  people. 

Fourth.  To  keep  a complete  and  systematic  record  of 
all  acts  of  the  Department  of  Highways  and  to  annually  re- 
port the  same  to  the  Goveronr  by  the  first  day  of  December, 
which  report  shall  be  at  the  option  of  the  Governor,  printed 
as  a public  document. 

Fifth.  To  co-operate  with  the  federal  government  in 
all  matters  pertaining  to  the  improvement  of  public  high- 
ways ; and  all  funds  provided  by  Congress  and  appropriated 


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for  the  improvement  of  the  public  highways  in  this  state, 
shall  be  expended  under  the  supervision  of  the  Commis- 
sioner of  Highways. 

State  Engineer — Assistants — Qualifications. 

Section  4.  The  Commissioner  of  Highways  with  the 
consent  of  the  Governor  is  hereby  authorized  to  appoint  a 
State  Engineer,  who  shall  be  a civil  engineer  of  established 
reputation,  and  qualified  in  road  and  bridge  construction, 
hydraulic  and  sanitary  engineering,  and  irrigation  and 
^ drainage  and  who  shall  perform  all  the  duties  assigned  to 
the  State  Engineer  under  irrigation  laws  of  this  state  and 
as  provided  in  chapter  40,  of  the  Revised  Laws  of  Oklaho- 
ma. Said  Commissioner  with  the  consent  of  the  Governor 
may  appoint  an  assistant  State  Engineer,  who  shall  be  a 
competent  draughtsman  and  one  stenographer,  who  shall 
be  secretary  to  the  Commissioner,  which  said  positions  are 
hereby  created. 

Salaries. 

Section  5.  The  salary  of  the  Commissioner  of  High- 
ways shall  be  twenty-four  hundred  dollars  ($2,400.00)  per 
annum,  payable  monthly;  the  salary  of  the  State  Engineer 
shall  be  twenty-one  hundred  dollars  ($2,100.00)  per  an- 
num, payable  monthly ; the  salary  of  the  assistant  State  En- 
gineer shall  be  fifteen  hundred  dollars,  ($1,500.00)  per  an- 
num, payable  monthly;  and  the  salary  of  the  stenographer 
shall  be  oe  nthousand  dollars  ($1,000.00)  per  annum;  pay- 
able monthly.  The  salaries  and  expenses  of  said  Depart- 
ment of  Highways  shall  be  paid  upon  vouchers  itemized  and 
sworn  to  against  appropriations  made  therefor  as  provided 
by  law. 

Repeal — Records  of  Former  Office. 

Section  6.  Chapter  105,  of  the  Session  Laws  of  Okla- 
homa. 1910-11,  is  hereby  repealed.  All  material  collected, 
plans,  specifications,  equipment,  reports,  files  and  data  in 
the  office  of  the  Department  of  Highways,  as  now  consti- 
tuted, and  the  Secretary  of  the  Board  of  Agriculture,  pro- 
cured under  authority  of  law,  relating  to  highways,  irriga- 

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tion  and  drainage  shall  forthwith  be  turned  over  to  the  De- 
pa  itment  of  Highways  herein  created. 

ARTICLE  II. 

County  and  Township  Organization. 

County  Engineer — Qualifications — County  Surveoyr- — County  and 
State  Roads. 

Section  1.  The  Board  of  County  Commissioners  of  each 
county,  as  soon  as  practicable,  shall  employ  acompetent 
engineer  to  be  known  as  the  county  engineer,  whose  tenure 
of  office  may  be  terminated  by  the  board  of  county  com- 
missioners, who  shall  perform  the  duties  as  hereinafter 
provided.  Said  county  engineer  shall  receive  the  same  com- 
pensation now  fixed  by  law  for  county  surveyors,  and  all 
services  performed  as  county  engineer  under  the  provis- 
ions of  this  act,  and  all  actual  and  necessary  expenses  in- 
cident thereto,  shall  be  paid  out  of  the  state  road  construc- 
tion fund.  The  county  engineer  shall  give  bond  for  the 
faithful  performance  of  his  duties  in  a sum  not  less  than 
one  thousand  dollars  ($1,000.00)  nor  more  than  five  thou- 
sand dollars  ($5,000.00),  said  amount  to  be  fixed  by  the 
board  of  county  commissioners ; provided,  that  the  regularly 
elected,  qualified  and  acting  county  surveyor  of  each  county 
shall  be  designated  as  the  county  engineer  of  such  county ; 
provided,  such  county  surveyor  shall  pass  an  examination 
to  be  held  by  the  Department  of  Highways  and  secures  from 
said  department  a certificate  of  competency  to  perform  the 
duties  of  said  office  of  county  engineer. 

Should  any  county  surveyor  fail  to  take  such  examina- 
tion, or  taking  same  shall  fail  to  secure  the  said  certificate 
withi  ninety  days  from  the  taking  effect  of  this  act.  the 
said  board  of  county  commissioners  is  hereby  authorized 
to  designate  and  commission  some  competent  person  pos- 
sessing such  certificate  to  act  as  county  engineer  for  any 
such  county;  provided,  that  any  person  appointed  county 
engineer  may  be  removed  or  relieved  from  that  office  and 


its  duties  by  the  board  of  county  commissioners  at  any 
time  for  incompetency  or  gross  neglect  of  duty;  and  pro- 
vided, further,  that  nothing  in  this  act  shall  be  construed 
to  prevent  one  person  from  serving  as  county  engineer, 
for  two  or  more  counties  in  the  state.  The  county  engineer 
shall  have  a practical  knowledge  of  civil  engineering  and 
shall  be  skilled  in  bridge,  culvert  and  road  building  and  in 
laying  of  drains  and  in  general  road  work,  and  he  shall  be 
active  and  diligent  in  the  discharge  of  his  duties.  No  per- 
so  nshall  be  elegible  to  qualify  for  the  office  of  county  en- 
gineer, who  is  not  a graduate  of  some  reputable  institu- 
tion of  learning  in  which  he  shall  have  received  regular  in- 
struction in  civil  engineering  or  unless  he  holds  a certifi- 
cate of  proficiency  from  the  Department  of  Highways  of 
this  or  some  other  state.  At  the  time  of  employing  such  en- 
gineer, or  as  soon  thereafter  as  practicable,  the  board  of 
county  commissioners  shall  designate  and  select  for  im- 
provement as  provided  herein  from  the  highways  of  the 
county  not  less  than  ten  per  cent  nor  more  than  fifteeen 
per  cent  of  the  total  mileage,  same  to  be  the  main  traveled 
roads  of  the  county,  and  which  must  connect  the  principal 
market  places  of  the  county,  as  well  as  connect  with  the 
state  roads  in  adjoining  counties,  such  roads  to  be  desig- 
nated as  state  roads.  The  system  of  road  construction  here- 
in provided  for,  shall  apply  only  to  highways  outside  of  the 
limits  of  cities  and  towns,  while  the  system  of  bridge  and 
culvert  work  herein  provided  for  shall  apply  to  all  highways 
throughout  the  county  outside  of  the  limits  of  cities  of  the 
first  class.  Such  highways  so  designated  for  improvement 
under  the  supervision  of  the  board  of  county  commission- 
ers shall  hereinafter  be  known  as  the  state  road  system.  In 
uninhabited  or  sparsely  settled  parts  of  counties  roads  may 
be  designated,  constructed,  and  maintained  as  state  roads, 
if  such  road  is  convenient  and  necessary  for  a market  road ; 
provided,  that  no  such  road  shall  be  so  designated  if  it  is 
less  than  six  miles  from  another  state  road  which  is  sub- 
stantially parallel  to  it. 


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Road  Maps. 

Section  2.  As  soon  as  said  state  roads  are  so  desig- 
nated, the  board  of  county  commissioners  shall  cause  said 
state  roads  to  be  plainly  marked  or  a map.  Said  map,  after 
being  so  marked,  shall  be  deposited  with  the  county  clerk 
and  shall  be  open  to  public  inspection,  and  a copy  thereof 
shall  be  furnished  the  Department  of  Highways. 

State  Highway — Designation. 

Section  3.  The  Department  of  Highways  shall,  upon 
receipt  of  said  maps,  petitions  and  plats  proceed  to  examine 
the  same,  with  a view  of  determining  the  correct  lines  to  be 
followed  by  the  State  Highway,  having  regard  for  volume 
of  traffic,  continuity  and  cost  of  construction ; provided,  that 
before  any  change  in  any  map  submitted  shall  be  made  the 
commissioners  of  highway  shall  first  make  a personal  in- 
spection of  the  road  involved  in  any  such  change.  Such 
portions  of  said  map  as  meet  with  the  approval  of  said  de- 
partment, may  be  approved  and  returned  as  a preliminary 
map  for  immediate  use,  and  the  original  map,  when  com- 
pleted in  accordance  with  the  decisions  of  said  department 
(which  decisions  shall  be  final),  shall  be  returned  to  the 
county  clerk  as  soon  as  practicable  and  a copy  of  same  re- 
tained in  the  office  of  the  said  department. 

Neglect  of  County — State  May  Act. 

Section  4.  Should  any,  county  fail  to  make  the  desig- 
nation of  state  roads  as  herein  provided,  and  fail  to  forward 
a copy  of  the  record  of  the  same  to  the  Department  of  High- 
ways within  the  time  herein  provided,  said  department  shall 
have  the  power  to  make  a proper  designation  of  said  state 
roads  for  said  county,  and  the  designation  so  made  shall  be 
final  and  of  the  same  force  and  effect  as  if  made  by  the  board 
of  county  commissioners,  and  when  so  made  by  the  depart- 
ment, said  department  shall  certify  to  the  county  clerk  of 
said  county  the  actual  cost  of  making  said  designation,  and 
the  county  clerk  shall  thereupon  issue  warrant  on  the  state 
road  fund  therefor. 

Surveys  and  Specifications — Records — Material — Funds 

Section  5.  As  soon  as  any  part  of  said  map  is  complet- 

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ed,  showing  the  final  designation  of  state  roads,  the  engineer 
shall  in  writing,  divide  said  roads  into  sections,  designating 
each  section  by  some  appropriate  number,  name  or  letter 
and  clearly  designating  the  starting  point  and  terminus  of 
each  such  section,  and  such  designation  shall  be  recorded  at 
length  in  a state  rad  book,  whereupon  the  engineer  under 
the  direction  of  the  board  of  county  commissioners  shall 
proceed  to  survey  said  roads  and  report  to  the  board  of  coun- 
ty commissioners,  the  plan  for  the  road,  bridge,  tile  and  cul- 
vert work  thereon.  Such  survey  and  report  shall  be  on  the 
basis  and  with  the  object  in  view  of  the  permanent  im- 
provement of  said  state  roads,  both  as  to  bridge,  culvert,  tile 
and  road  work.  Said  survey  and  report  shall  consist  of  an 
accurate  plan  and  profile  of  said  roads,  showing  cuts  and 
fills  and  outline  of  grades,  with  careful  attention  to  surface 
and  lateral  drainage  and  sub-draiange,  and  shall  show  the 
location  of  all  lines  of  tile  and  the  size  thereof  and  of  all 
bridges  and  culverts,  their  length,  height,  width  and  founda- 
tion soundings,  and  an  estimate  of  the  watershed  relating 
to  each  bridge  and  culvert. 

All  bridges  and  culverts  built  in  the  state,  county  or 
township  road  system  shall  be  of  permanent  construction. 
Permanent  construction  of  bridges  as  used  herein,  is  defined 
to  mean:  First,  stone;  second,  reinforced  concrete;  third, 
steel  with  stone  or  concrete  abutments  and  piers  and  wood 
or  reinforced  concrete  floors;  provided,  that  upon  approval 
of  the  Department  of  Highways,  floors  of  other  suitable  ma- 
terial may  be  substituted  on  bridges  and  other  durable  ma- 
terial approved  by  the  department  may  be  used  in  culverts 
of  less  than  thirty-six  (36)  square  feet  opening.  Perma- 
nent construction  of  culverts  is  defined  to  mean  stone,  con- 
crete, or  such  other  material  as  may  be  approved  by  the 
Department  of  Highways  and  of  sufficient  strength  to  meet 
the  leading  requirements  of  this  act.  The  term  “bridges” 
as  used  in  this  act  shall  be  taken  to  mean  openings  of  ten 
feet  span  or  more;  “culverts”  shall  be  the  term  applied  to 
openings  of  less  than  ten  feet.  Bridges  and  culverts  con- 


7 


structed  under  the  provisions  of  this  act  shall  have  a clear 
roadway  of  not  less  than  sixteen  (16)  feet. 

Proper  bench  marks  shall  be  established  on  each  per- 
manent bridge  and  culvert,  which  shall  be  duly  recorded  on 
both  profile  and  plan  of  road,  for  future  reference. 

The  engineer  shall  clearly  designate  and  credit  on  said 
plan  and  profile,  all  existing  permanent  bridges,  culverts 
and  grades. 

The  board  of  county  commissioners  may  cause  all  sec- 
tions to  be  fully  surveyed  and  a report  made  thereon  before 
proceeding  with  the  improvement  cotnemplated  by  this  act, 
or  in  order  to  enable  the  board  to  proceed  with  the  most 
necessary  and  urgent  work,  said  board  may  designate  the 
order  in  which  the  different  sections  shall  be  surveyed  and 
planned,  and  may  order  the  engineer  to  survey  and  report 
on  certain  named  sections  before  completing  the  survey  and 
report  on  all  sections. 

Whenever  it  may  become  necessary  in  grading  the 
highways  to  make  a cut  which  will  disturb  or  destroy,  or  a 
fill  which  will  cover  up,  a government  or  other  established 
corner,  it  shall  be  the  duty  of  the  engineer  to  establish  per- 
manent witness  corners  and  make  a record  of  the  same, 
which  shall  show  the  distance  and  direction  of  the  witness 
corner  from  the  corner  disturbed  or  covered  up. 

A failure  to  perform  this  duty,  shall  subject  the  en- 
gineer to  a fine  of  not  less  tha  nten  dollars  nor  more  than 
fifty  dollars,  to  be  collected  on  his  bond. 

The  board  of  county  commissioners  may  improve  the 
state  roads,  as  provided  herein,  either  by  contract  or  volun- 
teer subscription,  convict,  or  other  day  labor,  or  by  force 
account. 

Surveys — Bridge  Designs — Payment  of  Moneys. 

Section  6.  The  survey  and  report  of  each  section,  as 
soon  as  completed  and  approved  by  the  board  of  county  com- 
missioners shall  be  submitted  to  the  Department  of  High- 


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ways,  and  the  board  of  county  commissioners  may  desig- 
nate to  the  said  department  which  sections,  in  their  estima- 
tion should  be  first  passed  upon  by  said  Department  of  High- 
ways. 

Every  new  truss  bridge  on  a state  road  hereinafter 
built,  shall  be  designed  and  constructed  so  that  the  truss  will 
carry  with  ample  factor  of  safety  a live  load  not  less  than 
1000  pounds  per  lineal  foot  with  a floor  system  not  less  than 
100  pounds  per  square  foot,  all  other  bridges  and  culverts 
to  carry  with  ample  factor  of  safety  a load  equal  to  20  tons 
with  the  weight  distributed  as  in  a traction  engine. 

All  moneys  received  by  the  Board  of  County  Commis- 
sioners for  road  and  bridge  purposes  shall  be  paid  out  only 
on  order  of  said  board,  for  the  purchase  of  tools,  machinery 
and  equipment,  or  for  work  done  on  the  state  road  system, 
or  for  tile  and  tiling,  or  for  bridges  and  culverts  through- 
out the  county. 

All  moneys  received  by  the  township  board  for  road 
purposes  shall  be  expended  for  and  upon  the  township  road 
system. 

State  System — Additional  Roads — Bills  Allowed — Engineers  Approval. 

Section  7.  Wheenver  all  the  roads  of  the  state  road 
system  have  been  improved,  according  to  the  plans  as  herein 
provided,  the  board  of  county  commissioners  shall  add  such 
roads  from  the  township  road  system  as  have  been  improved 
by  the  township  in  accordance  with  the  general  plans  and 
specifications  furnished  by  the  engineer  and  in  accordance 
with  the  requirements  of  this  act,  and  if  the  township  roads 
so  improved  be  not  sufficient  to  use  all  county  funds  avail- 
able for  that  purpose,  the  board  of  county  commissioners 
may  select  additional  state  roads,  following  the  same  pro- 
ceedings in  al  regards  as  herein  provided  for  the  original 
selection  and  improvemetn  of  state  roads,  but  no  increase 
shall  be  made  in  the  mileage  of  the  state  road  system  until 
that  system  is  completed. 

All  bills  for  road  work,  tile  and  tiling,  culvert  and 

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bridge  construction,  or  for  repairs  designated  by  the  en- 
gineer, shall  be  filed  in  itemized  form  and  certified  to  by  the 
engineer,  before  being  allowed  by  the  board  and  before  war- 
rants in  payment  therefor  are  drawn  by  the  coutny  clerk. 
Partial  estimates  may  be  allowed  by  the  board  on  contract 
work  on  the  basis  of  the  engineers  certified  estimates  and 
the  per  centages  specified  in  the  standard  specifications  of 
the  Department  of  Highways.  Repair  work  shall  be  known 
as  work  not  designated  by  the  Highway  Engineer,  work  of 
a temporary  character  or  of  an  immediate  necessity,  and 
work  necessary  to  maintain  finished  roads  completed  under 
this  act.  A violation  of  this  section  shall  render  the  county 
clerk  liable  on  his  bond  for  the  amount  of  said  warrant. 

Contracts — Bids — Advertising. 

Section  8.  All  culverts  and  bridges  constructed,  tile 
and  tiling  and  repair  work  or  material  therefor,  of  which 
the  engineers  estimated  cost  shall  be  two  hundred  ($200.00) 
dollars  or  less,  may  be  advertised  and  let  at  a public  letting, 
at  a cost  ont  to  exceed  the  engineers  estimate,  or  may  be 
built  by  day  labor  or  by  force  account.  Provided,  that 
where  there  is  a necessity  for  its  use  on  the  road,  and  it  can 
b ebought  at  an  advantage  in  carload  lots,  nothing  in  this 
section  shall  be  construed  to  prevent  the  purchase,  without 
advertisement,  in  carload  lots,  of  crushed  rock,  gravel,  sand, 
cement,  steel,  lumber,  or  other  materials  for  use  on  said 
roads.  All  culverts  and  bridge  construction  tile  and  tiling 
and  repair  work,  or  materials  therefor,  of  which  the  engin- 
eers estimated  cost  shall  exceed  two  hundred  ($200)  dollars, 
shall  be  advertised  and  let  at  public  letting  to  the  lowest  and 
best  bidder ; provided,  that  the  board  shall  have  the  power  to 
reject  all  bids,  in  which  event  they  may  re-ad vertise  or  build 
by  day  labor,  at  a cost  not  to  exceed  the  lowest  bid  received. 
All  bids  received  shall  be  publicly  opened  at  the  time  and 
place  specified  in  the  advertisement,  and  shall  be  recorded 
in  detail  in  a book  kept  for  that  purpose  by  the  county  clerk ; 
said  book  shall  at  all  times  be  open  to  the  public  for  inspec- 
tion. Before  beginning  the  construction  of  any  bridge  or 
culvert  by  day  labor,  or  by  contract,  the  plans,  specifications 


10 


estimates  of  drainage,  area,  estimate  of  cost,  and  their  spe- 
cific location,  shall  be  filed  in  the  county  clerk's  office  by  the 
engineer.  On  completion,  a detailed  statement  of  cost  and  of 
any  additions  or  alterations  to  the  plans  shall  be  added  to 
the  above  records  by  the  engineer,  all  of  which  shall  be  re- 
tained in  the  county  clerk's  office  as  permanent  records. 
The  board  of  county  commissioners  may  authorize  the  coun- 
ty clerk  to  draw  warrants  for  the  amount  of  pay  rolls  for 
labor  furnished  under  the  day  labor  system,  when  said  pay 
rolls  are  certified  to  as  correct  by  the  engineer  in  charge  of 
the  work.  Said  bills  shall  be  passed  upon  by  the  board  at 
the  first  meeting  following  said  payment. 

Bridge  Contracts — Preliminary  Action 

Section  9.  It  is  hereby  made  the  duty  of  the  board  of 
county  commissioners,  whenever  they  shall  determine  to 
construct  a permanent  bridge  or  culvert,  the  engineers  esti- 
mated cost  of  which  exceeds  the  sum  of  five  hundred 
($500.00)  dollars,  to  adopt  a resolution  of  necessity,  con- 
taining substantially  the  following  matters,  to-wit : 

First:  The  location  of  such  bridge  or  culvert,  which 
location  shall  be  so  plainly  pointed  out  that  the  same  can 
easily  be  determined. 

Second : The  material  of  which  such  bridge  or  culvert 
is  to  be  constructed. 

Third:  The  approximate  width  of  the  roadway  and 
depth  of  fill,  if  any,  over  the  crown  or  floor  of  said  bridge 
or  culvert. 

Fourth:  The  approximate  length  of  span  or  arch  of 
said  bridge  or  culvert. 

Fifth : The  approximate  area  of  the  water  shed  to  be 
drained  through  said  bridge  or  culvert. 

Sixth:  The  estimated  cost  of  said  bridge  or  culvert. 

Township  Roads — Dragging — Tax. 

Section  10.  At  every  February  meeting,  or  as  soon 
thereafter  as  possible,  the  township  board  of  each  town- 


ll 


ship  shall  select  from  its  township  road  system  the  roads 
to  be  dragged  for  one  year,  to  be  known  as  dragable  roads, 
and  shall  employ  a superintendent  of  the  township  road  sys- 
tem, who  shall  give  bond  for  the  faithful  performance  of  his 
duties  in  such  sum  as  said  board  may  direct.  Said  superin- 
tendent shall  have  general  supervision  of  all  dragging,  and 
repair  work  on  the  township  road  system,  whose  term  of 
office  and  compensation  shall  be  at  the  discretion  of  the 
township  board.  He  shall  see  that  the  approaches  to  all 
bridges  on  the  said  roads  are  maintained  in  such  manner 
as  to  present  smooth  and  uniform  surfaces  and  shall  keep 
the  openings  to  all  culverts  and  ditches  free  from  weeds, 
brush  and  other  material  that  will  in  any  manner  prevent 
the  free  discharge  of  surface  water.  He  shall  have  charge 
of  all  dragable  roads  of  the  tov/nship  road  sysLem  and 
shall  make  contracts  for  dragging,  and  shall  see  that  all 
dragable  roads  of  the  township  road  system  are  properly 
dragged  at  such  times  as  are  necessary  to  maintain  such 
roads  in  a smooth  condition,  at  such  price  as  is  reasonable 
and  necessary  to  secure  such  contracts. 

For  this  purpose  there  shall  be  expended,  under  the 
direction  of  the  township  board,  through  the  road  superin- 
tendent, upon  the  township  road  system  not  more  than  two 
mill  drag  tax  herein  authorized  to  be  levied. 

The  township  board  shall  not  allow  any  bills  for  drag- 
ging, maintenance  or  repair  work,  nor  shall  warrants  in 
payment  therefor  be  drawn  by  the  township  clerk  upon 
funds  of  the  township  road  system  until  itemized  bills  there- 
for shall  have  been  certified  to  by  the  township  road  super- 
intendent. A violation  of  this  section  shall  render  the  town- 
ship clerk  liable  on  his  bond  for  the  amount  of  said  warrant. 

The  compensation  of  such  superintendent  for  all  duties, 
including  any  dragging  actually  performed  by  him,  and  the 
cost  of  all  equipment  for  dragging  shall  be  paid  for  out  of 
the  township  road  funds. 

He  shall  at  least  once  each  year,  or  o ndemand,  furnish 


12 


the  township  board  a report  of  all  work  done  under  and  by 
him. 

County  Engineer  to  Survey  Township  Raods. 

Section  11.  Before  beginning  any  work  upon  the 
township  road  system,  other  than  hereinbefore  described, 
as  repair  work,  the  township  board  may  make  application 
to  the  board  of  county  commissioners,  who  shall  furnish 
them  with  an  engineer,  to  be  paid  out  of  the  county  fund 
who  shall  survey  and  lay  off  such  roads,  according  to  the 
plans  and  specifications  as  hereinbefore  provided  for  state 
road  system,  and  the  work  shall  be  done  in  accordance  there- 
with. 

Repair  of  State  Roads — County  to  Maintain. 

Section  12.  The  board  of  county  commissioners  and 
the  county  engineer  are  charged  with  the  duty  of  such  re- 
pairing and  dragging  of  the  state  road  system  as  is  required  * 
to  keep  the  same  in  proper  condition,  and  shall  adopt  such 
methods  as  are  necessary  to  maintain  continuously,  in  the 
best  condition  practicable,  the  entire  mileage  of  this  system. 

No  member  of  the  department  of  highways,  their  depu- 
ties or  assistants,  or  any  other  person  in  the  employ  of  the 
department,  no  county  commissioner,  member  of  a town- 
ship board,  county  engineer,  road  superintendent,  or  any 
person  in  their  employ,  or  one  holding  an  appointment  un- 
der them,  shall  be  either  directly  or  indirectly  interested  in 
any  contract  for  the  construction  or  building  of  any  bridge 
or  culvert,  or  of  any  improvement  of  any  road  or  parts  of 
road  coming  under  the  provisions  of  this  act. 

Township  Clerk’s  Report — County  Engineer’s  Report. 

Section  13.  Not  later  than  the  first  Monday  in  May,  or 
at  any  time  upon  demand  of  the  township  board,  the  town- 
ship clerk  shall  report  the  work  accomplished  on  the  town- 
ship road  system  in  his  township,  and  said  township  board 
shall,  as  nearly  as  practicable,  recommend  what  is  to  be 
done  upon  the  township  road  system  for  the  succeeding 
year.  A duplicate  report  of  the  work  accomplished  shall  be 
filed  by  the  clerk  with  the  county  clerk  and  the  county  en- 


13 


gineer,  as  nearly  as  practicable,  shall  credit  the  same  on  the 
township  road  system  on  the  county  road  map.  It  shall  also 
be  the  duty  of  the  engineer  to  make  a written  report  to  the 
board  of  county  commissioners  of  the  work  accomplished 
upon  the  roads  for  the  current  year,  which  report  shall  show 
what  roads  of  the  state  and  township  system  have  been  com- 
pleted or  partially  completed,  and  credit  to  such  roads  shall 
•be  shown  on  the  state  road  plan  not  later  than  May  15th, 
and  a copy  of  said  report  shall  be  immediately  forwarded 
to  the  Department  of  Highways  upon  standard  printed 
forms. 

It  shall  also  be  the  duty  of  the  engineer  to  make  a writ- 
ten report  to  the  board  of  county  commissioners  of  the 
work  accomplished  upon  the  roads  for  the  current  year, 
which  report  shall  show  what  roads  of  the  state  and  town- 
ship system  have  been  completed  or  partially  completed,  and 
credit  to  such  roads  shall  be  shown  on  the  state  road  plan 
not  later  than  May  15th,  and  a copy  of  said  report  shall  be 
immediately  forwarded  to  the  Department  of  Highways 
upon  standard  printed  forms. 

All  forms  and  blanks  necessary  to  secure  uniformity 
of  records  and  reports  in  the  systems  herein  provided  shall 
be  furnished  by  the  Department  of  Highways.  In  all  coun- 
ties wherein  township  organization  has  been  abolished,  the 
board  of  county  commissioenrs  shall  act  as  township  board 
in  each  township  of  any  said  county  to  carry  out  the  pro- 
visions of  this  act. 

Obstructions — Removal — Notice. 

Section  14.  County  and  township  boards,  charged 
with  the  duty  of  improving  public  highways,  shall  have 
power  to  remove  all  obstructions  in  the  highways  under 
their  jurisdiction,  but  fences  and  poles  used  for  telephones, 
telegraph,  or  other  transmission  purposes  shall  not  be  re- 
moved until  notice,  in  writing,  of  not  less  than  ten  days  has 
been  given  to  the  owner,  occupant,  or  agent  of  the  land  en- 
closed in  part  by  such  fence,  or  to  the  owner  or  company  op- 
erator of  any  such  telephone,  telegraph  or  transmission  line 


14 


may  be  served  or  any  agent  or  officer  of  such  line,  and  all 
such  fences  and  poles  Shall,  within  the  time  designated  by 
the  engineer,  be  removed,  and  if  not  removed  by  the  date 
xed  in  such  notice,  same  may  be  forthwidth  removed  by  the 
proper  officials.  Any  new  lines  or  parts  of  lines  hereafter 
constructed,  shall  be  located  by  the  engineer,  and  shall  be 
removable  according  to  the  provisions  of  this  section.  The 
notices  of  removal  may  designate  to  which  side  of  the  high- 
way the  said  poles  shall  be  removed.  Any  removal  made  in 
compliance  with  this  section  shall  be  at  the  expense  of  the 
owners  thereof,  without  liability  on  the  part  of  any  officer 
ordering  or  effecting  the  removal. 

Bond  of  Contracter. 

Section  15.  The  board  of  county  commissioners  shall 
require  all  contractors  to  give  bond,  for  the  faithful  per- 
formance of  the  contract,  in  such  sum  as  the  board  may 
deem  necessary.  The  surety  on  any  bond  to  guarantee  the 
faithful  performance  and  execution  of  any  work  shall  be 
deemed  and  held,  any  contract  to  the  contrary  notwithstand- 
ing, to  consent  without  notice:  First,  to  any  extention  of 
time  to  the  contractor  in  which  to  perform  the  contract 
when  each  particular  extension  does  not  exceed  sixty  days. 

Second:  To  any  change  in  the 'plans,  specifications  or 
contract  when  such  change  does  not  involve  an  increase  of 
more  than  twenty  per  cent  of  the  total  contract  price,  and 
shall  then  be  released  only  as  to  such  excess  increase. 

Selection  of  County  Roads — Procedure. 

Section  16.  The  procedure  herein  provided  for  the 
designation  and  selection  of  county  roads  by  the  board  of 
county  commissioners,  shall  exclude  all  other  procedure; 
and  the  decision  of  the  board  of  county  commissioners  in  the 
designation  and  selection  of  the  state  road  system  shall  be 
final. 

iVolation  of  Terms  of  This  Act — Penalty. 

Section  17.  Any  road,  township,  county,  or  other  offi- 
cial charged  with  duties  herein  who  shall  violate  any  of  the 
terms  or  provisions  of  this  act  shall  be  deemed  guilty  of  a 


15 


misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  one  hundred  dollars  for  each  offense,  or  imprisoned  in 
the  county  jail  not  less  than  thirty  days,  or  suffer  both  such 
fine  and  imprisonment.  Upon  presentation  in  court  or  com- 
plaint in  legal' form,  alleging  violation  of  any  of  the  provis- 
ions of  this  act  any  road  official  charged  with  the  duties 
herein  shall  be,  at  the  option  of  the  court,  immediately  sus- 
pended from  office  pending  final  judgment,  and  upon  being 
found  guilty  shall  forfeit  his  office  in  addition  to  any  pun- 
ishment imposed. 


ARTICLE  III. 

FINANCES. 

Tax  for  Highways — County  Funds. 

Section  1.  There  is  hereby  levied  annually  an  ad  val- 
orem tax  of  one-fourth  of  one  mill  upon  all  property  in  this 
state  which  may  be  subject  to  taxation  upon  such  basis ; said 
tax  so  levied  to  be  collected  as  other  state  taxes  and  when 
collected  to  be  covered  into  the  State’s  official  depository  and 
there  credited  to  an  account  that  shall  be  styled  and  known 
as  the  state  highway  construction  fund.  All  moneys  ac- 
cruing in  said  account  shall  be  deemed  and  construed  to  be 
a special  fund  held  in  trust  for  the  use,  as  in  this  act  pro- 
vided, of  the  several  counties  in  which  the  same  shall  be 
collected,  and  shall  in  no  event  be  construed  to  be  a fund  of 
the  state  or  a fund  under  its  management.  Each  county’s 
share  therein  shall  be  the  amount  paid  in  by  said  county.  It 
shall  be  the  duty  of  the  State  Board  of  Equalization  to  in- 
clude said  levy  herein  made  in  their  total  annual  levy  and 
to  make  proper  return  thereof  to  the  respective  counties  of 
the  state,  and  to  collect  same  as  provided  by  law  for  the  col- 
lection of  other  taxes.  It  shall  be  the  duty  of  the  State 
Treasurer  to  give  each  county  proper  credit  for  all  money 
paid  into  the  state  highway  construction  fund  adn  to  keep 
proper  record  and  accounts  of  all  money  paid  to  the  re- 
spective counties  from  said  fund  as  provided  in  this  act. 


16 


County  Road  Tax. 

Section  2.  The  county  excise  board  in  each  county  in 
the  state  is  hereby  authorized,  at  the  opion  of  said  board  to 
make  a levy  of  one-fourth  of  one  mill  upon  all  property  in 
any  said  county  subject  to  taxation  upon  an  ad  valorem 
basis;  said  levy  when  made  and  collected  shall  be  covered 
into  a county  road  construction  fund,  and  shall  be  used  for 
the  construction  and  maintenance  of  county  highways  un- 
der the  supervision  of  the  board  of  county  commissioners  as 
provided  in  this  act;  provided,  that  in  order  to  carry  into 
effect  the  provisions  of  this  act,  the  county  excise  board  may 
levy  for  current  expenses  of  said  county  not  to  exceed  eight 
(8)  mills. 

State  Highway  Fund — How  Counties  May  Secure. 

Section  3.  All  counties  in  the  state  making  a levy  for 
any  year  of  one-fourth  of  one  mill  tax  upon  all  taxable  prop- 
erty as  provided  in  the  preceding  section,  and  having  other- 
wise complied  with  the  provisions  of  this  act,  as  to  submit- 
ting and  having  plans  approved,  shall  be  entitled  to  receive 
from  the  state  highway  construction  fund  all  money  in  said 
fund  to  the  credit  of  the  county  making  the  said  levy.  Ap- 
plication for  aid  from  said  state  highway  construction  fund 
shall  be  made  to  the  Department  of  Highways,  and  shall 
show  that  plans  have  been  made  and  approved  as  provided 
herein,  and  the  county  levy  to  have  been  made  by  the  county 
making  the  application  and  when  approved  by  the  Depart- 
ment of  Highways,  the  Commissioner  of  Highways  shall 
draw  a voucher  on  the  state  depository,  payable  to  the  coun- 
ty treasurer,  for  such  amount  as  may  be  therein  to  the  credit 
of  the  county  making  such  application,  and  it  shall  be  the 
duty  of  the  State  Treasurer,  as  the  officer  in  charge  of  such 
state  depository  to  honor  such  voucher  and  to  pay  said 
amount  mentioned  in  such  voucher  to  said  county ; provided, 
that  said  funds  shall  be  expended  by  the  respective  boards 
of  county  commissioners  under  the  supervision  of  said  De- 
partment of  Highways. 


17 


ARTICLE  IV. 

MOTOR  VEHICLE  REGISTRATION. 

Registration  of  Motor  Vehicles — Application. 

Section  1.  Every  owner  of  a motor  vehicle  which  shall 
be  operated  or  driven  upon  the  public  highways  of  this  state, 
shall  for  each  motor  vehicle  owned,  except  as  herein  other- 
wise expressly  provided,  cause  to  be  filed,  by  mail  or  other- 
wise, in  the  office  of  the  Department  of  Highways  or  with 
its  agent,  a verified  application  for  registration  on  a blank, 
to  be  furnished  by  the  said  department  for  that  purpose, 
containing:  (a)  a brief  description  of  the  motor  vehicle  to 
be  registered,  including  the  name  of  the  manufacturer,  the 
type  and  factory  number  of  such  vehicle,  the  character  of 
the  motor  power,  and  the  amount  of  such  power,  stated  in 
figures  of  horsepower  as  advertised  by  the  manufacturer; 
(b)  the  name  of  the  county  in  which  he  resides;  provided, 
that  motor  vehicle  shall  be  construed  to  mean  any  automo- 
bile, motor  truck,  motor  vehicle,  or  traction  engine. 

Certificate  and  Number  of  Registration — Renewals. 

Section  2.  Upon  the  filing  of  such  application  and  the 
payment  of  the  fee  provided  in  this  article,  the  Department 
of  Highways  shall  assign  to  such  motor  vehicle  a distinctive 
number  and  without  expense  to  the  applicant,  issue  and  de- 
liver to  the  owner  a certificate  of  registration  and  a number 
plate  in  the  form  and  size  provided,  and  in  the  event  of  the 
loss,  mutilation  or  destruction  of  a certificate  of  registration 
or  number  plate,  the  owner  of  a registered  motor  vehicle 
may  obtain  from  the  said  department  a duplicate  thereof, 
upon  filing  in  said  office  an  affidavit  showing  the  fact  and 
the  payment  of  a fee  of  fifty  cents  for  each  duplicate.  Such 
registration  shall  be  renewed  annually  in  the  same  manner 
and  upon  the  payment  o fthe  same  fee  as  provided  for  orig- 
inal registration,  such  renewal  to  take  effect  on  the  first  day 
of  January  of  each  year. 

Fees  for  Registration. 

Section  3.  The  following  fees  shall  be  paid  to  the  De- 
partment of  Highways  upon  the  registration  of  a motor  ve- 

18 


hide,  in  accordance  with  the  provisions  of  this  article ; fifty 
cents  per  horse  power,  to  be  figured  by  the  A.  L.  and  A.  M. 
rating ; provided,  that  after  a motor  vehicle  has  been  taxed 
one  year  as  provided  herein,  the  tax  to  be  levied  and  paid 
thereon  for  the  second  year  shall  be  forty  cents  per  horse 
power;  for  the  third  year,  thirty  cents  per  horse  power, 
and  for  each  year  thereafter,  said  tax  shall  be  twenty  cents 
per  horse  power.  The  provisions  hereof  with  respect  to  the 
payment  of  registration  fees  shall  not  apply  to  motor  ve- 
hicles owned  or  controlled  by  the  United  States  of  America, 
or  by  the  state,  or  a city,  or  a county,  or  any  department 
thereof,  btu  in  other  respects  shall  be  applicable.  The  reg- 
istration fees  imposed  by  this  article  upon  motor  vehicles, 
other  than  those  of  manufacturers  and  dealers,  shall  be  in 
lieu  of  all  taxes,  general  or  local,  to  which  motor  vehicles 
may  be  subject  as  personal  property  under  the  laws  of  this 
state;  provided,  that  steam  and  gas  tractors  shall  be  rated 
per  horsepower  on  the  draw  bar  pull  manufactures  rating. 

Use  of  New  Vehicle  Pending  Registration. 

Section  4.  Upon  the  sale  of  a motor  vehicle  by  a manu- 
facturer or  dealer,  which  has  been  registered  by  the  manu- 
facturer or  dealer  under  this  article,  the  vendee  shall  be  al- 
lowed to  operate  the  same  upon  the  public  highways  for  a 
period  of  fifteen  days  after  taking  possessio  nthereof,  or 
until  he  shall  have  received  his  certificate  of  registration 
and  number  plate  from  the  Department  of  Highways ; pro- 
vided, that  during  such  period  the  motor  vehicle  shall  have 
attached  thereto,  in  accordance  with  the  provisions  hereof 
two  cards,  one  placed  thereon  by  the  vendee,  showing  the 
date  of  sale  and  one  showing  the  date  application  was  made 
for  registration ; and  provided  further,  that  application  for 
registration  shall  be  made  by  mail  or  otherwise  before  such 
vehicle  shall  be  so  used. 

Number  Tags — Requirements 

Section  5.  No  person  shall  operate  or  drive  a motor 
vehicle  on  the  public  highways  of  this  state  unless  such  ve- 
hicle shall  have  the  distinctive  number  assigned  to  it  by  the 
Department  of  Highways  conspicuously  displayed  on  the 


19 


rear  of  such  vehicle,  securely  fastened  so  as  to  prevent  the 
same  from  swinging.  No  person  shall  display  on  such  ve- 
hicle at*the  same  time  any  number  assigned  to  it  under  any 
other  motor  vehicle  law.  Such  number  plates  shall  be  of  a 
distinctively  different  color  or  shade  each  year,  and  there 
shall  be  at  all  times  a marked  contrast  between  the  color  of 
the  number  plates  and  that  of  the  numerals  or  letters  there- 
on. Such  number  plates  shall  be  of  metal  at  least  six  inches 
wide  and  not  less  than  twelve  inches  in  length,  in  the  upper 
left  hand  corner  of  which  there  shall  be  the  initials  of  this 
state,  and  to  the  right  of  which  initials  there  shall  be  the 
distinctive  number  assigned  to  the  vehicle,  set  forth  in 
numerals  four  inches  long,  each  stroke  of  which  shall  be  at 
least  five-eighths  of  an  inch  in  width;  also  the  year;  pro- 
vided, that  in  the  case  of  a motor  vehicle  registered  by  a 
manufacturer  or  dealer,  there  shall  be  on  such  plate  or 
placard,  in  addition  to  the  foregoing,  the  let-er  “m”,  the 
same  to  be  placed  at  the  right  of  the  distinctive  number, 
each  stroke  of  such  letter  to  be  at  least  three  inches  long 
and  one-half  an  inch  in  width.  No  number  places  shall  be 
used  other  than  those  furnished  by  the  Department  of 
Highways.  Any  person  owning  a motor  vehicle  and  fail- 
ing or  refusing  to  comply  with  the  provisions  of  this  article 
shall  be  deemed  guilty  of  a misdemeanor  and  upon  convic- 
tion thereof  shall  be  subject  to  a fine  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars. 

Manufacturer  or  Dealer’s  Registration  Numbers. 

Section  6.  Every  person,  firm,  ^association  or  cor- 
poration manufacturing  or  dealing  in  motor  vehicles  may, 
instead  of  registering  each  motor  vehicle  so  manufactured 
or  dealt  in,  make  a verified  application  upon  a blank  to  be 
furnished  by  the  Department  of  Highways  for  a general 
distinctive  number  for  all  the  motor  vehicles  owned  or 
controlled  by  such  manufacturer  or  dealer,  such  applica- 
tion to  contain:  (a)  a brief  description  of  each  style  or  type 
of  motor  vehicle  manufactured  or  dealt  in  by  such  manu- 
facturer or  dealer,  including  the  character  of  the  motor 
power,  and  the  amount  of  such  motor  power,  stated  in  fig- 


20 


ures  of  the  horsepower;  and  (b)  the  name,  residence  and 
business  address  of  such  manufacturer  or  dealer.  On  pay- 
ment of  a registration  fee  of  fifteen  dollars,  such  applica- 
tion shall  be  filed  and  registered  in  the  office  of  the  said 
department  in  the  manner  provided  in  this  article.  There 
shall  thereupon  be  assigned  and  issued  to  such  manufac- 
turer or  dealer  a general  distinctive  number  and  duplicate 
certificate  of  registration  and  two  number  plates,  in  the 
same  manner  and  form  as  provided  in  this  article  for  gen- 
eral registration,  which  shall  be  carried  or  displayed  by 
every  motor  vehicle  of  such  manufacturer,  or  dealer  so 
registered  when  the  same  is  operated  or  driven  on  the  pub- 
lic highways,  in  the  same  manner  as  hereinbefore  provided 
in  this  article.  No  unmber  plates  shall  be  used  except 
those  issued  by  the  said  Department  of  Highways.  Such 
manufacturer  or  dealer  may  obtain  as  many  duplicates  3f 
such  registration  as  may  be  desired  upon  payment  to  said 
department  of  one  dollar  for  each  duplicate.  Nothing  in 
this  subdivision  shall  be  construed  to  apply  to  a motor  ve- 
hicle operated  by  amanufacturer  or  dealer  for  private  use 
or  for  hire.  Such  registration  shall  be  renewed  annually 
in  the  same  manner  and  on  the  payment  of  the  same  fee  as 
provided  in  this  article  for  original  registration,  such  re- 
newal to  take  effect  on  the  first  day  of  January  of  each  year. 

Motors  Owned  by  Nonresidents — Provisions  for  Numbering 

Section  7.  The  provisions  of  the  foregoing  section 
relative  to  registration  and  display  of  registration  num- 
bers, shall  not  apply  to  a motor  vehicle  owned  by  a non- 
resident of  this  state,  other  than  a foreign  corporation  do- 
ing business  in  this  state ; provided,  that  the  owner  thereof 
shall  have  complied  with  the  provisions  of  the  law  of  the 
foreign  country,  state,  territory,  or  federal  district  of  his 
residence  relative  to  motor  vehicles  and  the  operation  there- 
of, and  shall  conspicuously  display  his  registration  num- 
ber as  required  thereby;  and  provided,  that  the  provisions 
of  this  article  shall  be  operative  as  to  a motor  vehicle  owned 
by  a non-resident  of  this  state,  only  to  the  extent  that  un- 
der the  laws  of  the  foreign  country,  state,  territory  or  fed- 


21 


eral  district  of  his  residence,  like  exemptions  and  privileges 
are  granted  to  motor  vehicles,  duly  registered  under  the 
laws,  owned  by  residents  of  this  state. 

City  Tax  Prohibited. 

Section  8.  Subject  to  the  express  provisions  of  this 
article,  local  authorities  shall  have  no  power  to  pass,  en- 
force or  maintain  any  ordinance,  rule  or  regulation  re- 
quiring from  any  owner  to  whom  this  article  is  applicable 
any  tax,  fee,  license  or  permit  for  the  free  use  of  the  public 
highways,  or  excluding  or  prohibiting  any  motor  vehicle 
registered  in  compliance  with  this  article  from  the  free  use 
of  the  public  highways  or  the  accessories  used  thereon,  and 
no  ordinance,  rule  or  regulation  in  any  way  contrary  to  or 
inconsistent  with  the  provisions  of  this  article,  now  in  force 
or  hereafter  enacted,  shall  have  any  force  or  effect;  pro- 
vided, that  the  powers  given  to  local  authorities  in  cities  of 
the  first  class  to  enact  general  rules  and  ordinances  applic- 
able equally  to  all  vehicles  and  users  of  the  highway,  to 
bring  about  the  orderly  passage  of  vehicles  upon  certain 
streets  in  such  cities,  where  the  traffic  is  heavy  and  con- 
tinuous, and  the  powers  given  to  local  authorities  to  regu- 
late vehicles  offered  to  the  public  for  hire  or  for  proces- 
sions, assemblages  or  parades  in  the  streets  or  public  places 
shall  remain  in  full  force  and  effect;  and  provided  further, 
that  local  authorities  may  set  aside  a specified  public  high- 
way or  highways  for  speed  contests  or  races  to  be  given 
under  proper  restrictions  for  the  safety  of  the  public;  and 
provided  further,  that  local  authorities  may  exclude  by 
ordinance  or  regulation  motor  trucks  and  motor  vehicles 
used  exclusively  for  commercial  purposes,  from  the  parks 
and  parkways  of  this  state,  provided  such  ordinance  or 
regulation  is  applicable  equally  and  generally  to  all  other 
vehicles  used  to  the  same  purpose;  and  provided  further, 
that  local  authorities  may  exclude  motor  vehicles  from  any 
cemetery  or  ground  used  for  the  burial  of  the  dead;  and 
provided  further,  that  cities  and  towns  may  regulate  the 
speed  of  motor  vehicles. 


22 


False  Statements — Punishment. 

Section  9.  Any  person  making  a false  statement  in 
a verified  application  for  registration  shall  be  guilty  of  a 
misdemeanor  punishable  by  a fine  of  not  exceeding  fifty 
dollars,  and  any  person  violating  any  of  the  provisions  of 
any  section  of  this  article,  for  which  violation  no  punish- 
ment has  been  specified,  shall  be  guilty  of  a misdemeanor 
punishable  by  a fine  of  not  exceeding  twenty-five  dollars. 

Section  10.  All  fines,  penalties  or  forfeitures  collect- 
ed for  violation  of  any  of  the  provisions  of  this  article,  or 
of  any  act  in  relation  to  the  use  of  the  public  highways  by 
motor  vehicles  now  in  force  or  hereafter  enacted,  under 
the  sentence  or  judgment  of  any  court,  judge,  magistrate 
or  other  judicial  officer,  within  ten  days  after  receipt  there- 
of shall  be  paid  to  the  treasurer  of  the  county,  to  be  by  said 
treasurer  placed  to  the  credit  of  the  state  road  mainten- 
ance fund. 

Moneys  Received — How  Used. 

Section  11.  All  fees  and  money  paid  to  the  Depart- 
ment of  Highways  as  provided  in  this  article  shall,  at  the 
close  of  each  month,  be  apportioned  and  prorated  as  fol- 
lows: Ten  per  cent  thereof  shall  be  paid  into  state  treas- 
ury and  placed  to  the  credit  of  the  general  revenu  fund  of 
the  state;  and  ninety  per  cent  thereof  shall  be  paid  to  the 
treasurers  of  the  respective  counties  in  which  the  individ- 
ual owners  of  the  various  motor  vehicles  paying  such  fees 
reside:  Provided,  that  the  county  treasurer  is  Iiereby  au- 
thorized and  directed  to  pay  to  the  treasurer  of  any  city  of 
the  first  class  or  operating  under  a charter  form  of  govern- 
ment in  such  county,  twenty-five  per  cetn  (25%)  of  all 
fees  collected  by  such  treasurer,  which  fees  were  original- 
ly paid  as  provided  herein  by  residents  of  any  sucli  city  or 
motor  vehicles  owend  by  such  residents,  and  the  residue 
shall  be  placed  to  the  credit  of  the  county  road  maintenance 
fund,  which  fund  shall  be  used  for  he  following  purposes 
only: 

First:  To  maintain  the  roads  already  prepared  for 


23 


dragging,  and  in  the  following  manner:  The  board  of 
county  commissioners  shall  divide  the  dragabie  roads  into 
dragging  districts,  each  district  to  cover  only  such  mileage 
as  one  person  can  drag  during  the  period  when  such  work 
should  be  performed,  and  giving  each  district  a district 
number  or  letter.  After  forming  said  districts,  the  said 
board  shall  proceed  to  make  contracts  in  each  of  said  dis- 
tricts for.  the  dragging  of  the  said  roads  therein.  The  drag- 
ging contractor  in  each  district  shall  be  required  to  give 
bond  in  the  sum  of  fifty  dollars  ($50.00)  for  the  faithful 
performance  of  the  terms  and  conditions  of  his  contract, 
the  form  of  the  contract  and  the  bond  to  be  prescribed 
by  the  Department  of  Highways,  and  the  said  bond  to  be 
approved  by  the  said  board.  The  expense  of  dragging  the 
roads  as  per  contract  shall  be  allowed  and  paid  out  of  the 
county  road  maintenance  fund.  If  after  all  improved  roads 
are  properly  maintained,  there  be  a surplus,  such  surplus 
may  be  used  in  the  improvement  or  construction  of  new 
roads. 

Assessment  and  Payment  of  Fees. 

Section  12.  The  registration  fees  provided  for  in  this 
article  shall  be  paid  and  collected  for  the  calendar  year, 
rather  than  for  the  fiscal  year,  and  in  order  to  carry  out  the 
provision^  of  this  act  it  is  hereby  made  the  duty  of  the 
county  assessor  of  each  county  in  the  state  to  prepare  a list 
of  all  motor  vehicles  in  his  said  county,  and  to  furnish  said 
list  to  the  Department  of  Highways  on  or  before  July  1st, 
1915. 

Immediately  upon  receipt  of  such  lists  of  motor  ve- 
hicles the  Department  of  Highways  shall  proceed  to  regis- 
ter such  motor  vehicles,  and  to  collect  one-half  the  registra- 
tion fee  thereon,  as  provided  herein,  for  the  balance  of  the 
1915  calendar  year.  After  July  1st,  1915,  no  motor  ve- 
hicle, as  defined  herein  shall  be  taxed  o nan  advalorem 
basis,  and  the  county  assessor  shall  not  make  return  of  any 
such  motor  vehicle  in  any  assessment  sheet  after  said  date ; 
provided,  that  after  September  1,  1915,  it  shall  be  unlawful 


24 


to  operate  any  such  motor  vehicle  unless  such  motor  ve- 
hicle is  registered  as  provided  herein. 

ARTICLE  V. 

CONVICT  LABOR. 

Convict  Labor — Tools  and  Housing. 

Section  1.  The  State  Board  of  Public  Affairs  and  the 
Department  of  Highways  are  hereby  authorized  and  re- 
quired to  make  all  necessary  arrangements  for  working 
state  convicts  upon  the  public  highways  of  this  state,  as 
soon  as  practicable  atfer  the  passage  hereof,  and  as  contin- 
uously thereafter  as  the  circumstances  render  feasible,  sub- 
ject to  the  following  conditions: 

(b)  The  state  shall  furnish  all  tools  and  machinery  to 
be  used  by  convict  forces,  and  the  State  Board  of  Public 
Affairs  shall  furnish  and  supply  the  Department  of  High- 
ways with  such  tools  and  machinery  as  may  be  authorized 
by  the  State  Board  of  Public  Affairs  and  the  cost  of  such 
tools  and  machinery  and  draft  animals  shall  be  paid  for 
out  of  the  revenues  appropriated  for  such  purposes. 

(b)  The  furnishing  of  tentage,  housing  quarters  and 
any  equipment  pertaining  to  the  custody  of  the  prisoners 
shall  be  paid  from  prison  funds  available  for  the  main- 
tenance of  such  prisoners. 

Convict  Labor — Food  and  Guards. 

Section  2.  The  food,  clothing,  cost  of  guarding  and 
custody,  and  the  necessary  medical  attention  for  convicts 
in  road  camps  shall  be  furnished  by  the  state  in  the  same 
funds  as  though  the  convicts  remained  at  the  state  prison, 
but  a careful  and  complete  record  of  the  costs  of  doing  the 
same  shall  be  kept  for  each  group  or  gang  from  the  time  it 
leaves  the  prison  until  its  return  thereto.  Sanitary  appli- 
ances, incinerators,  and  such  equipment,  shall  be  furnished 
by  the  state,  and  all  sanitary  regulations  for  convict  camps 
shall  be  under  the  immediate  charge  of  the  State  Com- 
missioner of  Health. 


25 


Transportation  of  Convicts  for  Road  Work. 

Section  3.  The  county  desiring  convicts  to  work  upon 
the  state  roads  must  bear  the  cost  of  transporting  the  men, 
animals,  tools,  guards,  and  equipment  from  the  prison  or 
other  location  where  it  or  they  may  then  be  to  the  place 
where  the  work  is  to  be  done.  The  county  shall  also  furn- 
ish food  for  animals,  board  for  guards  and  fuel  and  sup- 
plies for  power  machinery,  and  ordinary  running  repairs  to 
the  same,  so  long  as  the  gang  remains  in  their  county,  pay- 
ing for  same  out  of  the  county  road  and  bridge  fund.  Met- 
al, cement,  stone  or  other  concrete  or  road  building  mater- 
ials to  be  used  in  the  work  projected  shall  be  furnished  by 
the  county,  unless  the  plan  is  to  use  the  convicts  for  the 
production  of  the  same,  which  plan  is  hereby  also  specifi- 
cally contemplated. 

Regulations  for  Government  of  Convicts  on  Road  Work. 

Section  4.  The  State  Board  of  Pulbic  Affairs  is  here- 
by authorized  and  directed  to  formulate  rules  and  regula- 
tions for  the  government  of  state  convicts  while  working 
on  the  public  roads,  including  “good  time”  allowance  for 
good  behavior  and  efficient  service. 

Transportation  of  Convicts  for  Road  Work. 

Section  5.  The  Corporation  Commission  shall  have 
the  power  to  make  and  enforce  rates  for  transportation  of 
persons  and  freight  in  connection  with  the  working  of  state 
convicts  upon  the  public  highways  of  the  state. 

ARTICLE  VI. 

^MISCELLANEOUS. 

Section  1.  The  board  of  county  commissioners  may 
open,  establish  or  condemn  for  roads  on  section  lines  and 
may  vacate,  alter,  widen,  change  or  lay  out  other  new 
roads  according  to  the  following  procedure: 

(a)  Action  to  locate,  alter,  or  vacate  a roda  may  be 
upon  a petition  to  the  county  commissioners  signed  by  at 
least  twelve  freeholders  residing  in  the  vicinity  of  the  road 


26 


affected.  One  or  more  of  said  petitioners  must  execute  a 
bond,  payable  to  the  county,  conditioned  to  pay  the  costs  of 
proceedings  if  the  petition  be  not  granted.  Said  petition 
shall  show  clearly  the  location  and  terminals  of  the  road  and 
shall  be  promptly  considered  by  the  county  commissioners 
if  in  proper  form.  But  if  they  conclude  upon  investigation, 
that  the  road  applied  for  is  unnecessary  and  impractical, 
then  no  further  proceedings  shall  be  had,  and  the  bond  of 
the  petitioners  shall  be  liable  for  any  costs  accrued.  Due 
legal  notice  to  the  public  for  twenty  days  by  advertisement 
in  the  official  county  paper  shall  be  given,  setting  forth  the 
facts  and  the  date  when  hearing  will  be  held  and  the  peti- 
tion acted  upon.  A record  of  all  said  proceedings  shall  be 
made  by  the  county  clerk.  One  of  the  petitioners  must  give 
at  least  six  days  notic  ein  writing  to  the  owner  or  his  legal 
representative  (if  within  the  county)  through  whose  land 
the  proposed  road  goes,  and  copies  of  such  notice,  duly 
served,  must  be  filed  with  the  county  clerk  before  the  pro- 
ceedings are  complete. 

Or  the  county  engineer  may  be  designated  by  either 
side  to  represent  all  of  the  interests  involved  and  proceed  to 
locat  or  alter  the  road  to  the  best  advantage,  make  esti- 
mates of  the  cost  of  doing  the  work  involved,  and  shall  stake 
it  out.  In  case  the  owners  of  the  land  to  be  taken  agree  in 
writing  to  the  proposed  location  or  changes,  or  donate  the 
land  required,  then  if  the  work  can  be  accomplished  with 
reasonable  expense  the  judicial  procedure  of  viewing  may 
be  omitted  and  the  county  commissioners  may  order  and  es- 
tablish the  road  as  a public  highway,  and  make  appropriate 
records  thereof.  The  commissioners  or  their  representa- 
tives shall  determine  and  award  the  amount  of  damages  to 
be  paid  out  of  the  county  funds,  if  there  are  any  such  dam- 

Condemnation  Petition  Procedure — Indian  Lands. 

ages  sustained  by  the  owner  of  the  land  involved,  and  if 
such  owner  actually  had  notice  of  the  procedure.  Failing 
to  give  such  notice  of  the  procedure.  Failing  to  give  such 
notice  to  him,  he  may  claim  damages  within  twelve  months 
after  the  location  and  opening  of  said  road,  but  all  claims 


V 


thereafter  shall  be  barred.  Any  person  aggrieved  by  the 
foregoing  proceedings  shall  have  the  right  of  appeal  to  the 
district  court  for  final  review  and  adjudication. 

(b)  Wherever  in  those  counties  the  amount  of  Indian 
lands  or  those  exempt  from  taxation  by  reason  of  the  oper- 
ation of  any  Federal  law,  is  thirty  per  cent  or  more  of  the 
total  area  of  that  county,  then  the  county  commissioners 
may,  upon  their  own  initiative,  and  if  the  public  interests 
demand  it,  move  to  secure  roads  over,  adjacent  to,  or  for  the 
benefit  of  all  such  exempted  lands  in  the  following  manner : 
They  shall  call  upon  the  State  Engineer  as  a disinterested 
party  to  undertake  and  make  such  surveys,  plans  and  esti- 
mates and  obtain  all  other  essential  data  and  records  as  are 
required  to  make  a full  and  complete  statement  and  report 
upon  the  interests  involved,  and  to  make  such  recommenda- 
tions as  in  the  premises  may  seem  proper.  When  so  pre- 
pared, the  Department  of  Highways  shall  then  advance  the 
matter  to  the  Department  of  the  Interior  of  the  United 
States,  or  to  any  other  federal  department  concerned, 
through  its  proper  local  representative,  if  there  be  one,  with 
the  request  that  the  matter  be  considered  and  disposed  of  as 
speedily  as  possible.  If  the  project  be  so  approved  and  au- 
thorized, then  the  work  may  proceed  under  the  special  su- 
pervision and  direct  administration  of  the  Department  of 
Highways  and  subject  to  such  special  regulations  as  the 
circumstances  seem  to  require. 

Boundary  Bridges — Necessity — Petition  to  County. 

Section  2.  Whenever  the  public  convienence  justly 
demands  it  nad  the  need  thereof  shall  be  appropriately  sig- 
nified, as  herein  provided,  then  the  county  commissioners 
must  proceed  as  follows  with  respect  to  inter-county  bridges 
across  streams  serving  in  whole  or  in  part  as  a boundary 
between  two  counties:  After  the  presentation  in  the  case 
of  a bridge  to  cost  not  over  one  thousand  dollars  ($1,000.00) 
a petition  signed  by  at  least  fifty  taxpayers  of  each  county ; 
to  cost  from  one  thousand  dollars  ($1,000.00)  to  ten  thou- 
sand dollars  ($10,000.00),  by  seventy-five  tax-paying  sign- 
ers in  each  county ; to  cost  more  than  ten  thousand  dollars 

2b 


($10,000.00)  by  one  hundred  tax-paying  signers  in  each 
county  to  the  county  commissioners,  they  may  within  one 
year  proceed  to  act  and  construct  such  bridge  if  such  levy 
as  may  be  required  for  this  purpose  may  be  made  within 
the  constitutional  limitations  as  to  tax  levies ; and  such  pe- 
titions or  actions,  at  whatever  stag6,  shall  bind  and  have 
equal  force  with  the  successors  in  office  to  those  commission- 
ers originally  receiving  it.  The  cost  of  such  bridge  shall  be 
apportioned  between  the  counties  upon  the  basis  of  their 
total  valuation,  unless  the  Commissioners  in  the  exercise  of 
sound  judgment  shall  agree  to  apportion  it  otherwise. 

But  the  above  proceeding  shall  not  apply  in  the  case 
of  inter-county  bridges  where  the  total  span  is  two  hundred 
feet  or  more,  including  approaches  thereto  of  timber  work 
or  any  material  other  than  earth  embankment,  if  there  is 
another  bridge  of  substantially  equal  size  and  importance 
over  the  same  stream  within  six  miles  of  the  proposed  lo- 
cation. 

Compensation — County  Commissioners. 

Setcion  3.  To  carry  into  effect  the  provisions  of  this 
act,  with  respect  to  road  and  bridge  work,  each  county 
commissioner  shall  be  allowed  not  to  exceed  forty  days'  pay 
at  three  dollars  per  day  in  excess  of  the  time  now  provided 
by  law  for  discharging  their  other  usual  and  customary 
duties;  provided,  that  in  counties  where  township  govern- 
ment has  not  been  abolished  then  and  in  that  event  said 
commissioner  shall  be  allowed  not  to  exceed  twenty  days 
at  three  dollars  per  day.  Each  Commissioner  shall  super- 
vise the  general  progress  and  advancement  of  road  and 
bridge  construction  in  his  district,  or  so  far  as  is  neces- 
sary or  desirable  for  him  to  do,  beyond  the  necessary  atten- 
tion to  engineering  matters  given  to  it  by  the  County  engi- 
neer. And  if  it  seems  advantageous  and  desirable  and  it  is 
agreed  to  by  the  other  members  of  the  Board,  one  may  de- 
vote himself  more  exclusively  to  the  field  supervision  of  road 
work  and  receive  the  pay  and  allowance  that  would  other- 
wise have  accrued  to  the  County  Commissioner  in  whose 
place  he  is  acting. 


29 


County  Engineer — Coat — Records. 

Section  4.  The  County  Engineer  shall  keep,  prepare 
and  submit  cost  records  upon  all  road  work  in  his  charge 
in  the  manner  and  at  the  time  required  by  the  State  Engi- 
neer, in  order  that  the  best  and  most  economical  method 
of  doing  the  work  may  be  thus  ascertained  and  put  into 
practice. 

Township  Supervisors — Appointment  and  Duties. 

Section  5.  Immediately  upon  the  passage  of  this  act, 
the  county  commissioners  shall  appoint  or  re-appoint  su- 
pervisors to  the  number  necessary  upon  the  roads  in  the 
county,  if  the  township  organization  has  been  abolished,  but 
not  to  exceed  one  supervisor  for  each  township.  They  shall 
make  appointments  solely  with  a view  of  proficiency  and 
experience  and  loking  towards  the  continuous  employment 
of  those  selected.  The  county  engineer  shall  train,  • direct 
and  instruct  the  supevisors,  and  they  must  follow  the  plans 
and  methods  established  by  him.  Where  the  township  or- 
ganization is  retained,  the  overseer  appointed  by  the  town- 
ship shall  in  a similar  way  be  directed  and  instructed  by 
the  county  enigneer. 

Narrow  Tires — Prohibited  Sold  After  1916. 

Section  6.  (a)  After  January  1,  1917,  no  draft  wag- 

on of  one  ton  capacity  or  greater,  and  having  iron  or  steel 
tires  , shall  be  permitted  to  be  sold  by  a dealer  in  this 
state  if  its  tires  are  less  than  three  inches  in  width,  (b) 
(Penalty.)  Any  person,  firm,  or  corporation  violating  the 
provisions  of  this  section,  or  failing  to  comply  therewith, 
shall  be  punished  by  a fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars,  and  each  vehicle 
sold  shall  constitute  a separate  offense. 

Obstructing  or  Damaging  Roads. 

Section  7.  Any  person  or  persons  who  shall  wilfully 
or  knowingly  obstruct  or  damage  any  public  road  by  ob- 
structing the  side  or  cros  drains  or  ditches  thereof,  or  by 
turning  water  upon  such  road  or  right-of-way,  or  by  throw- 
ing or  depositing  Osage  orange  or  other  rush,  trees, 
stumps,  logs,  or  any  refuse  or  debris  whatever,  in  said 


30 


road  or  on  the  sides  or  in  the  ditches  thereof,  or  by  fencing 
across  or  upon  ther  ight-of-way  of  the  same,  or  by  plainting 
any  hedbe  within  thel  ines  established  for  such  road,  or  by 
changing  the  location  thereof,  or  shall  obstruct  said  road, 
highway  or  drains  in  any  other  manner  whatsoever,  or  any 
person  or  persons  who  shall  wilfully  or  knowingly  deface, 
damage,  destroy  or  remove  any  road  sign,  sign  board,  guide 
sign  or  sign  post  shall  be  deemed  guilty  of  a misdemeanor, 
and,  upon  conviction,  shall  be  fined  not  less  than  five  dol- 
lars nor  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment.  The  road  overseer  of  any 
district  who  finds  any  road  obstructed  as  above  specified 
shall  notify  the  person  violating  the  provisions  of  this  sec- 
tion, verbally  or  in  writing,  to  remove  such  obstruction 
forthwith,  and  if  such  person  does  not  remove  the  obstruc- 
tion within  ten  days  after  being  notified,  he  shall  pay  the 
sum  of  five  dollars  for  each  and  every  day  after  the  tenth 
day,  such  obstruction  is  maintained  or  permitted  to  re- 
main ; such  fine  to  be  recovered  by  suit  brought  by  the  road 
overseer,  in  the  name  of  the  road  district,  in  any  court  of 
competent  jurisdiction. 

Bonds  of  Officers  in  Charge. 

Section  8.  The  State  Engineer  and  those  of  his  assist- 
ants who  are  charged  with  the  approval  or  disapproval  of 
construction  work,  or  of  money  accounts  or  other  officers 
who  act  under  the  direction  of  the  State  Engineer  in  this 
respect,  shall  be  placed  under  suitable  bonds  in  amount  at 
the  discretion  of  the  appointing  officer. 

Attorney  General  May  Act — For  State,  County,  etc. — Governor  to 
Direct. 

Section  9.  The  Governor,  whenever  he  deems  such 
action  to  be  in  the  interest  of  the  public,  shall  have  power 
to  direct  the  Attorney  General  to  appear  for  and  on  behalf 
of  any  county,  city,  town  or  other  municipality  of  this  state 
o rfor  and  on  behalf  of  any  officer  thereof  or  contractor 
therewith,  whenever  any  such  county,  city,  town  or  other 
municipality  or  officer  or  contractor  is  a party  to  any  ac- 


31 


tion  or  proceeding  in  any  court  wherein  is  involved  the 
validity  of  any  alleged  patent  on  any  matter  or  thing  en- 
tering into  highway,  bridge  or  culvert  construction,  or  on 
any  parts  thereof,  and  may  employ  such  legal  assistance  in 
addition  to  the  Attorney  General  as  he  may  deem  neces- 
sary. 

Personal  Road  Tax 

Section  10.  Section  7589  of  the  Revised  Laws  of  Ok- 
lahoma 1910,  is  hereby  amended  to  read  as  follows: 

“Section  7589.  Any  person  subject  to  road  duty  may 
be  exempt  therefrom  by  paying  to  the  supervisor  his  road 
district  the  sum  of  three  dollars  ($3.00)  in  lieu  of  the  time 
he  is  liable  to  work  thereon,  and  in  that  case,  he  shall  re- 
ceive a receipt  therefor  from  the  supervisor.  Said  super- 
visor shall  be  authoried  to  employ  some  person  or  per- 
sons or  teams  to  work  out  such  money  at  a rate  not  ex- 
ceeding one  dollar  and  fifty  cents  ($1.50)  per  day  per  man 
or  team  on  the  roads  of  his  district,  or,  failing  so  to  do,  he 
shall  pay  over  all  such  money  into  the  township  treasury 
for  the  benefit  of  the  road  district,  such  money  to  be  paid 
over  at  the  first  meeting  of  said  board  after  the  first  day  • 
of  January  and  July  of  each  year.” 

Rules  of  the  Road. 

Section  11.  Rule  1.  Vehicles  in  meeting  each  other 
shall  keep  to  the  right  of  the  center  of  the  road. 

Rule  2.  All  vehicles  overtaking  others,  shall  in  pass- 
ing keep  to  the  left  of  the  center  of  the  road  and  shall  not 
pull  over  to  the  right  until  entirely  clear  of  the  vehicle 
passed. 

Rule  3.  All  vehicles  turning  to  the  right  into  another 
road  shall  turn  the  corner  as  near  the  curb  as  practicable. 

Rule  4.  All  vehicles  turning  to  the  left  into  another 
road  shall  pass  beyond  the  center  of  the  intersecting  road 
before  turning. 

Rule  5.  All  vehicles  crossing  from  one  side  of  the 
street  to  the  other  shall  do  so  by  turning  to  the  left,  so  as 


32 


to  go  in  the  same  direction  as  the  traffic  on  each  side  of  the 
street. 

Rule  6.  All  motor  vehicles  before  passing  other  ve- 
hicles from  the  rear  shall  give  notice  of  approach  by  a 
horn  or  other  signal  before  passing:  Provided,  that  said 
vehicle  shall  be  required  when  signalled  to  turn  to  one 
side  and  give  half  the  road. 

Rule  7.  At  intersecting  roads  or  streets,  vehicles  ap- 
proaching from  the  rights  hall  have  right  of  way  over  those 
approaching  from  the  left.  United  States  mail,  fire  ap- 
paratus, ambulances,  police  patrols,  and  vehicles  of  physi- 
cians when  so  designated,  shall  have  right  of  way  in  any 
street  or  oad  and  through  any  procession. 

Rule  8.  Punishment.  Any  person  violating  any  of 
those  rules  hall  upon  conviction  be  fined  in  any  sum  not 
less  than  one  dollar  nor  more  than  fifty  dollars. 

Section  12.  Any  road  official  shall  for  violation  of  any 
part  of  this  act  and  if  found  guilty  in  a court 
of  competent  jurisdiction,  be  fined  in  any  sum  not  to  exceed 
one  hundred  dollars,  or  confined  for  thirty  days  in  jail,  or 
both,  or  be  supended  or  forfeit  his  office,  in  the  discretion  of 
the  court. 


Approved  March  15,  1915. 


